The State of Bihar preferred an appeal against compensation awarded to a victim's son following a custodial death. The Division Bench held that no case for interference was made out and dismissed the appeal in limine.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1852 of 2012
In
Civil Writ Jurisdiction Case No. 11701 of 2010 With Interlocutory Application No. 7820 of 2012 And Interlocutory Application No. 7821 of 2012 In
Letters Patent Appeal No.1852 of 2012
======================================================
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr. Dhirendra Kumar Jha, Advocate. For the Respondent/s : ----
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
The delay of 137 days occurred in filing the Letters Patent Appeal is condoned.
Interlocutory application stands disposed of.
Re. Letters Patent Appeal No. 1852 of 2012
Feeling aggrieved by the order dated 9th May 2012 made by the learned single Judge in C.W.J.C No. 11701 of 2010,
Patna High Court LPA No.1852 of 2012 (3) dt.22-02-2013
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the respondent-State of Bihar has preferred this Appeal under Clause 10 of the Letters Patent.
It appears that one Alakh Dev Mahto, a convicted criminal, while in the judicial custody of the State was killed by another prisoner on 25th July 2008. The son of the deceased filed above C.W.J.C No. 1170 of 2010 for recovery of compensation of Rs. 10 lakhs. The learned single Judge has awarded a sum of Rs. 2,50,000/-. Therefore, this Appeal.
Learned advocate Mr. Dhirendra Kumar Jha has appeared for the appellant. He has submitted that the deceased was a convicted criminal and was of 76 years of age. The incident occurred in the Jail, for the same the State cannot be held to be liable to pay compensation. He has also submitted that the Human Rights Commission has already allowed a compensation of Rs. 1 lakh.
In the matter of custodial death, the principles of compensation in fatal accident would not apply. Irrespective of the issues arising in this Appeal, the amount of compensation awarded by the learned single Judge is not unconscionably high that should be interfered with by the Division Bench. No case for interference is made out. Appeal is dismissed in limine .
Interlocutory Application No. 7821 of 2012 stands disposed of.
(Ahsanuddin Amanullah, J)
Prakash/-
1 issue framed by the court
Whether the compensation awarded by the learned single judge in the writ petition should be interfered with by the Division Bench in an appeal filed by the State.
State of Bihar
Anjani Prasad Ghosh
Chief Justice
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
